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Rav Moshe points out that this ruling only regards a davar she’bikedushah, e.g. saying Barchu or Kaddish. But tefillah b’tzibbur will not be achieved when the minyan is relying on a mechallel Shabbos or a kofer to make the minyan. Therefore, one may count a mechallel Shabbos for a minyan in order to recite Kaddish or Barchu – but not to achieve tefillah b’tzibbur.


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Rabbi Fuchs learned in Yeshivas Toras Moshe, where he became a close talmid of Rav Michel Shurkin, shlit”a. While he was there he received semicha from Rav Zalman Nechemia Goldberg, shlit”a. He then learned in Mirrer Yeshiva in Brooklyn, and became a close talmid of Rav Shmuel Berenbaum, zt”l. Rabbi Fuchs received semicha from the Mirrer Yeshiva as well. After Rav Shmuel’s petira Rabbi Fuchs learned in Bais Hatalmud Kollel for six years. He is currently a Shoel Umaishiv in Yeshivas Beis Meir in Lakewood, and a Torah editor and weekly columnist at The Jewish Press.